The development of state policy on gender equality is based on the national and European legislation as well as on a number of international instruments, to which the Republic of Bulgaria is a party.
Equal rights and non-discrimination are guaranteed in the Bulgarian legal framework. They are proclaimed in the
Constitution of the Republic of Bulgaria, which guarantees the fundamental human rights and freedoms of the Bulgarian citizens, including non-discrimination of the grounds of sex, and their enforcement is regulated in the national general and special laws.
Gender equality in the labour market is regulated in the
Labour Code, which incorporates the principle of equal pay and prohibition of all kinds of discrimination. It also introduces provisions regarding parental leave, which challenges the traditional concept of male and female roles and puts on the agenda the problem of reconciliation of work and family life and sharing of responsibilities. The
Social Insurance Code also stipulates the equality of the insured persons.
The Family Code settles the relationship in private life – marriage, relation and adoption, guardianship and trusteeship, and is based on the principle of equality of men and women. A new family Code is currently under development.
The
Penal Code classifies as criminal offences against the person rape, induction into prostitution and trafficking in human beings, as well as forcing to sexual intercourse through using material or employment dependence.
Special Laws
Comparatively new for the Bulgarian legislative system is the
Law on Protection against Discrimination enforced in 2004. The Law provides the main legal framework applicable to all
forms of discrimination in all spheres of social life. It regulates the bodies, procedures and mechanisms for protection against discrimination and provides measures to discontinue any infringement or violation of the anti-discrimination law. It transposes a number of key directives in this area – on the implementation of the principle of equal treatment between persons irrespective of racial or ethnic origin; on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions; on establishing a general framework for equal treatment in employment and occupation; on the implementation of the principle of equal treatment between men and women in the access to and supply of goods and services. It can be stated that the Law on Protection against Discrimination is the first step towards the creation and provision of legal guarantees for equal treatment of women and men.
The institution of the Ombudsman was introduced in Bulgarian legislation with the
Law on the Ombudsman , enforced in 2004. The Law protects citizens' rights and freedoms
against administrative violations and omission by state and municipal authorities, administrations or by a person assigned with the provision of public services.
The Law on Countering Trafficking in Human Beings enforced in 2004 and re-enforced the state anti-trafficking actions. It introduces measures to prevent trafficking, improve co-ordination between state bodies and NGOs and protect the victims of illegal trafficking in human beings. The National Border Police and the National Service for Combating Organised Crime are mandated to fight trafficking.
In 2005 was adopted the
Law on Protection against Domestic Violence . This law governs the rights of individuals having suffered from
domestic violence, the protection measures, and the procedure applicable to the imposition of such measures. It gives legal definition of the term ‘domestic violence’. The state is obliged to create conditions for the implementation of prevention programs and programs providing assistance to victims of domestic violence.
Bulgaria still has not adopted specific gender equality legislation. The Bill on Equal Opportunities for Women and Men was prepared in the period between August 2000 - February 2001 by the Ministry of Labour and Social Policy with which was established a select Consultative Council on Equal Opportunities for Women and Men, including experts from the state administration, academic circles and non-governmental sector. However, it was twice rejected by the National Assembly in 2002 and 2003. The Law would have provided guarantees for non-discrimination in the fields of employment, political participation, education, gender stereotypes, including affirmative measures for women’s participation in decision making. Because of the rejection of the draft law the institution of the Ombudsman on Equal Opportunities has not been established either.
In 2006 the MLSP prepared a new Bill which is currently being discussed.
